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ABORIGINAL LAND RIGHTS (NORTHERN TERRITORY) ACT 1976 - SECT 70B

Entering or remaining on Aboriginal land--access roads to communities

             (1)  Subject to this section, a person may enter or remain on:

                     (a)  a road:

                              (i)  that is on vested Aboriginal land; and

                             (ii)  that is outside community land; and

                            (iii)  that provides access to community land; and

                            (iv)  that is specified in a determination under subsection (2) or that provides access to an aerodrome, or a landing place for vessels, that services the members of the community concerned; or

                     (b)  an area that is within 50 metres either side of the centreline of such a road (to the extent that area is on vested Aboriginal land and is not a sacred site);

if the entry or remaining is for the purpose of travelling to or from any community land and is not for a purpose that is unlawful.

Note:          See section 70A for the definitions of vested Aboriginal land and community land .

Specification of roads

             (2)  The Minister may, by written determination, specify roads for the purposes of subparagraph (1)(a)(iv). A road may be specified by reference to a start point and end point. A road specified under this subsection includes that road as it lies from time to time.

             (3)  A determination made under subsection (2) is not a legislative instrument.

             (4)  The Minister must ensure that notice of a determination under subsection (2) is given in the manner the Minister thinks appropriate.

             (5)  A failure to comply with subsection (4) does not invalidate the determination.

Limitation

             (6)  Subsection (1) applies subject to any limitation prescribed by the regulations for the purposes of this subsection.

             (7)  For the purposes of subsection (6), the regulations may provide that specified provisions of a law of the Northern Territory apply in relation to a road or an area to which subsection (1) applies as if the road or area were open to or used by the public.

             (8)  Subsection (7) does not limit subsection (6).

No obligation to maintain roads or areas

             (9)  The Land Trust concerned is under no obligation to maintain a road or an area to which subsection (1) applies to a level that is suitable for use by the public.

Protection from liability

           (10)  No action, suit or proceeding lies against the Land Trust concerned in relation to any act or omission of the Land Trust that results in loss, damage or injury to any person or property as a result of a person doing an act in reliance on subsection (1).

No limit on section 19 or 19A

           (11)  This section does not limit the application of section 19 or 19A in relation to a road or an area to which subsection (1) applies.

Temporary restrictions

           (12)  This section is subject to any provision of a law of the Northern Territory that provides for temporary restrictions on the entry or remaining on a road or an area to which subsection (1) applies for the purpose of:

                     (a)  protecting the privacy of an event (including a ceremony) that takes place in accordance with Aboriginal tradition; or

                     (b)  protecting public health or safety.

           (13)  Subsection (12) does not apply in relation to a road or an area that is covered by a lease to the Director. Instead, the Director may, by written determination for the purposes of this section, impose temporary restrictions on the entry or remaining on the road or area for the purpose of:

                     (a)  protecting the privacy of an event (including a ceremony) that takes place in accordance with Aboriginal tradition; or

                     (b)  protecting public health or safety.

           (14)  Subsections (12) and (13) apply subject to any limitation prescribed by the regulations for the purposes of this subsection.

           (15)  A determination made under subsection (13) has effect accordingly.

           (16)  A determination made under subsection (13) is not a legislative instrument.

           (17)  The Director must ensure that notice of a determination under subsection (13) is given in the manner the Director thinks appropriate.

           (18)  A failure to comply with subsection (17) does not invalidate the determination.



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